Legislation & Regulation
Legislative and Regulatory Update
April 2019 by Scott Harn
• Bishop and Curtis seek to rein in Antiquities Act abuses
Congressmen Rob Bishop (R-UT) and John Curtis (R-UT) introduced HR 1664, a bill that would set limits on the use of the Antiquities Act to create national monuments.
The bill would require review under the National Environmental Policy Act (NEPA) for a proposed monument between 640 acres and 10,000 acres. An environmental assessment would also be required for proposed monuments between 5,000 and 10,000 acres. Congressional approval would be required for larger proposed monuments.
It’s unclear whether this bill has the necessary support to pass in the House.
• Lands bill signed by President Trump
Senator Mike Lee (R-UT) made a valiant attempt to stop S 47, a huge public lands bill that included permanent funding for the Land and Water Conservation Fund (LWCF), but his effort ultimately failed and the bill passed.
Senator Lee had introduced an amendment to remove the permanent funding, but both Democrats and Republicans joined forces to shoot down his amendment. The reason we—and miners in general—were against the bill is because LWCF funds are used to place additional public lands off-limits regardless of whether or not a mineral survey has been completed.
Senator Lee is all too familar with federal land grabs in Utah; he fought to have the size of national monuments reduced in his state when former President Obama used the Antiquities Act to expand them against the wishes of local legislators.
President Trump really did not have a choice but to sign it after it passed with a veto-proof majority. The bill passed the Senate 92-8, with the following Senators voting against it: Cruz (R-TX), Inhofe (R-OK), Johnson (R-WI), Landford (R-OK), Lee (R-UT), Paul (R-KY), Sasse (R-NE), Toomey (R-PA). A House version passed 363-62.
Legislative and Regulatory Update
• PLP continues the fight for miners' rights
• Oregon miners fight back
• Bills address strategic minerals
California Suction Dredging Update
Another California Assembly member, Jared Huffman, is attempting to ban dredging in the state on a more permanent basis.
Oregon Dredge Permit Litigation Update
In other words, just like those that move next to an airport and then complain about the noise, Mr. Riskedahl deliberately went out of his way to “witness and document the effects of suction dredge mining,” and when he found some, he was annoyed by it!
Dredge Mining—Current Situation in Idaho
Tomten concedes the scenario of federal environmental agents swooping in on river dredges near historic mining towns like Idaho City, Rocky Bar or Placerville remains unlikely.
Update: People v. Rinehart
The law is on our side, but we’ve seen some crazy rulings coming out of courtrooms lately. I believe Rinehart will win his case, but then we move on to the State Water Resources Control Board.
Traders At JPMorgan Chase Indicted For Rigging Metal Prices
…the men sought to “inject false and misleading information about the genuine supply and demand for precious metals futures contracts into the markets, and to deceive other participants”…
Legislative and Regulatory Update
• Environmental groups push for more ESA listings
• Proposed grant program to recruit mining engineering students
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